Terms and conditions
Terms and Conditions (T&C) CREATIVE DIGITAL SAGL
- Subject of the Terms and Conditions
These Terms and Conditions (T&C) govern the relationship between Creative Digital SAGL (hereinafter referred to as the "Supplier") and the customer (hereinafter referred to as the "Customer") for the provision of digital, web, hosting, cloud, maintenance, and all related services.
1.2 Use of services and acceptance
The use, continuation, and enjoyment of Creative Digital SAGL's services imply acceptance of these Terms and Conditions (T&C), in the version in force at the time the service is provided.
1.3 Update of the T&Cs
These T&Cs may be updated over time in order to improve the clarity, transparency, and organization of the services. The updated version is always available on the official website of Creative Digital SAGL, with an indication of the date of revision.
- Digital Services
2.1 Digital services include, but are not limited to: website creation, e-commerce, web applications, apps, graphics, digital campaigns, social media activities, and other digital projects, including those using artificial intelligence technologies, as described in the quote or commercial offer.
2.2 The Supplier may, at its discretion, use third-party software, plugins, and services, whether free or paid, to improve the performance and reliability of the service.
2.3 Any third-party licenses or services payable by the Customer will be indicated in the main quote or in a dedicated quote.
2.4 The service includes only what is specified in the quote and technical attachments; anything not expressly mentioned is to be considered excluded.
- Web Hosting / Cloud Hosting Services
3.1 The hosting service is preferably provided on servers located in Switzerland, infrastructure managed directly by the Supplier or by third-party suppliers and specialized partners. Depending on the requirements of the project and at the Supplier's discretion, the service may also be provided through international infrastructure.
3.2 Upon request, the Customer may explicitly choose hosting in Switzerland, subject to a possible surcharge.
3.3 The service may include the registration, transfer, or management of a domain name.
3.4 The domain name is a separate service from hosting, with its own deadlines and costs set by the registrar, and is billed separately. Failure to renew the domain may, by its very nature, result in the interruption of the website and/or related email services.
3.5 The transfer of particularly complex or large email accounts (more than 5,000 emails or more than 2GB) may incur additional costs depending on the complexity of the operation.
3.6 The transfer of websites (files and settings) is generally quoted separately based on the size and type of the site itself, as well as the complexity of the operation.
- Copyright and Intellectual Property
4.1 The Customer is the owner of the web domain associated with the services. In some cases, for operational reasons, the initial registration may be carried out by the Supplier, who will then transfer it to the Customer, unless there are outstanding invoices.
4.2 The content provided by the Customer remains its property; the Customer grants the Supplier a non-exclusive license to use the content for the purpose of providing the services.
4.3 The content created by the Supplier (code, graphics, text, photos, videos, effects) remains the intellectual property of the Supplier and is granted for use to the Customer.
4.4 In the case of subscription services or software as a service (SaaS), the platform, licenses, automation systems, and content created by the supplier remain the property of the Supplier.
4.5 Software licenses and third-party services necessary for the provision of services are the responsibility of the Customer. However, the Supplier may, at its discretion and as a commercial courtesy, grant the Customer free use of one or more licenses for the entire duration of the service. If specific, additional, or dedicated licenses are required, these will be invoiced separately.
4.6 The Supplier reserves the right to use the material produced for portfolio and communication purposes.
- Duration, Renewal, and Withdrawal
5.1 Unless otherwise specified, contracts have a minimum duration of 12 months with automatic tacit renewal.
5.2 Notice of termination must be given in writing, including by email, at least 30 days before the end of the current period.
5.3 In the event of early withdrawal, no refunds will be made and the amounts due until the expiry date remain payable.
5.4 In the event of non-payment, even partial, the Supplier reserves the right to temporarily suspend services, even without prior notice, starting from the day after the due date indicated on the invoice, in order to avoid uncovered costs.
- License Terms and Security
6.1 The Customer obtains a non-exclusive right to use the software and materials provided.
6.2 It is prohibited to copy, modify, distribute, or transfer the materials to third parties without written authorization.
6.3 Login credentials are personal and non-transferable.
6.4 The Customer is responsible for safeguarding their credentials and using appropriate and secure passwords.
- Payments
7.1 Payments must be made according to the methods and deadlines indicated in the quote or invoice.
7.2 Recurring services must be paid for in advance before the period of use.
7.3 In the event of delay, the Supplier may apply interest on arrears and temporarily suspend services.
7.4 Any extra work will be invoiced separately on a time and materials basis.
- Limitations of Liability
8.1 The Supplier shall not be liable for any work carried out by the Customer or third parties.
8.2 The Supplier shall not be liable for any loss of data, service disruptions, or damage caused by weak credentials, outdated software, malware, cyber attacks, force majeure events, or service disruptions by third-party suppliers.
8.3 The Supplier does not guarantee economic results, positioning, online visibility, or increases in turnover.
8.4 Any recovery, restoration, or safety measures made necessary by the Customer's actions or omissions will be billed as extras.
8.5 Backup, monitoring, or security services, if provided, are supplied in accordance with professional diligence criteria and on a "best effort" basis; the Supplier does not guarantee the total absence of data loss or service interruptions.
8.6 The Supplier shall not be liable for problems relating to email delivery, blacklists, spam filtering, sending limitations, or IP reputation, as these depend on third-party providers and external policies.
8.7 To the maximum extent permitted by applicable law, the Supplier shall not be liable for any direct or indirect damage resulting from the use of the services. In any case, compensation for loss of profit, loss of data, indirect damage, consequential damage, or reputational damage is expressly excluded.
8.8 If, for any reason, a total limitation of liability is not considered valid or applicable, the Supplier's liability shall in any case be limited exclusively to the amount actually paid by the Customer for the individual service subject to dispute, excluding any further claims, titles, or items of damage.
- Support and Service Level Agreement (SLA)
9.1 Standard support services are provided in accordance with procedures and timelines compatible with the nature of the service and the operational availability of the Supplier.
9.2 Any guaranteed service levels, priority response times, or interventions with defined urgency are governed exclusively by a separate document called the Service Level Agreement (SLA), which can be activated at the Customer's request and is subject to specific subscription and payment.
9.3 In the absence of a signed Service Level Agreement, no response time, availability, or priority can be considered guaranteed.
9.4 Any SLA signed supplements these T&Cs only in relation to the services expressly indicated, without extending or modifying the Supplier's responsibilities beyond what is provided for therein.
- Privacy and Data Protection
10.1 The Supplier processes personal data in compliance with Swiss law and the GDPR, where applicable.
10.2 The Customer remains responsible for the regulatory compliance of the data collected through its websites or applications.
10.3 The Supplier shall take appropriate security measures, without being able to guarantee absolute protection.
10.4 Data may be processed by third-party providers selected for their security and reliability.
- Applicable Law and Jurisdiction
These T&Cs are governed by Swiss law. Exclusive place of jurisdiction: Lugano.
- Safeguard Clause
If any provision of these T&Cs is deemed invalid, the remaining clauses shall remain fully valid and effective.
Last update: September 30, 2025